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Whereupon, the Chairman appointed as such committee,
R. Taylor and Henry N. Hart
On further motion, the meeting adjourned.
Henry A. Clover, Sec'y. M. Blair, Chairman.
As a testimonial of respect for the memory of the deceased, the Court suspended all
further
This day came the parties by their attorneys and the demmurer
to the declaration in this cause having been argued by counsel
and the Court being sufficiently advised thereof is of opinion that the said demmurer
is sufficient in law to bar the plaintiffs action; and the court gives the plaintiff
leave to amend his declaration.
Michael Byrne, a native of Ireland, who applies to be a citizen of the United States comes
and proves to the satisfaction of the Court that he has resided in the United States for at least five
years, and in the State of
during which time, he has conducted himself as a man of good moral character; attached
to the principles of the Constitution of the United States, and well disposed to the good order
and
taken the preparatory steps required by the laws of the United States concerning the naturalization
of foreigners, and he declaring here in open Court, upon oath, that he will support the Con-
stitution of the United States, and that he doth entirely and absolutely renounce and abjure
forever, all allegiance and fidelity to every foreign power, prince, State and sovereignty
whatsoever, and particularly to Victoria Queen of Great Britain and Ireland. Therefore the
said Michael Byrne is admitted a citizen of the United States of America.
Petition for Freedom.
This day come the parties by their attorneys, and submit this cause to
the Court upon the
draws his plea, and by consent of parties, the Court doth find that the said defendant is
guilty in manner and form as the said plaintiff hath complained against him, and
the damages of the said plaintiff, by reason of the premises to one cent. Therefore it is
considered by the Court that the said plaintiff be liberated from the said defendant, and
all persons claiming under him, and that the said plaintiff recover of the said defendant
the said sum of one cent, her damages aforesaid, together with her costs herein expended to
be taxed, and have thereof execution.
herein, upon their oath, do
Three Dollars and fifty seven cents. Therefore it is considered by the Court that the said
plaintiff recover of the said defendant Thomas Lee the said sum of three Hundred and Twenty Three Dollars and Fifty seven cents, his damages aforesaid
costs herein expendd to be taxed and have thereof execution.
Freedom.
There being no service in time this cause is not triable at this term
Continued.
Answer of garnishee filed
Judgment
Judgment
Judgment
The forgoing cases being judgments rendered by this Court. Samuel M. Bay: attorney of
record for the plaintiffs, comes into Court and acknowledges satisfaction of said several judgments.
Ordered by the Court that this case be continued. .
The forgoing cases being judgments rendered by this Court. Samuel M. Bay: attorney of
record for the plaintiffs, comes into Court and acknowledges satisfaction of said several judgments.
Case.
This day came the parties by their attorneys, and also
a jury, towit: Samuel Dana, O.W. Page, Andre
Lemann, E. K. Woodward, Peter Wonderly, John Whitehill
William C. Scott, Wm O. Otikock, Joseph Suber, C. D. Domarest, J.W. White, and D. L. Musick,
twelve good and lawful men, who being duly elected tried and sworn well and truly to
try the
adjourned until to morrow morning at 9 O'Clock.
Judgement
This day comes Eugene Greenleaf, one of said defendants by his attorneys
files his affidavit, and moves the Court to set aside the judgment
heretofore rendered in this case.
Case.
This day come again the parties by their attorneys and
also the jurors aforesaid empannelled herein and
the cordence not being closed, they were adjourned
until to morrow morning at 10 O'Clock.
Petition for partition.
And now at ths day come the plaintiffs by their attorney, and the dependants
by their guirdian ad liten, and also come a jury, towit: J.C. Stewart, robert
Tucher, Isaac Wyman, H.G. Williams, J.H. White, J.H. West, Wm C. Wright,
Wm Worthing, James W. Thornton. J.J. Purdy. Robert Charles + William
Illingworth, twelve good and lawful men, who being duly elected tried and sworn well and truly to
try the
at the commencement thereof seized and
the petition stated, towit: - The said Louisa Harvy wife of Joseph H. Harvey, and the said Adele
Destrehan, Eliza Destrehan and Peter Azby Nicolas Destrehan, only children and heirs of Nicholas
N. Destrehan deceased, were at the commencement of this suit and are entitled in fee simple in
equal shares to the said real estate in the petition mentioned, the said Joseph H. in right of his
said wife is entitled to her portion for hsi life. Wherefore the Court doth declare the rights, titles
and interest of the said parties in the land and tenements in the petition mentioned, and do
determine them to be as follows, namely the said Louisa Harvey is owner of one undivided
fourth thereof in fee subject to the life estate therein of her said husband during her life,
and the said Adele Destrehan is owner in fee of one undivided fourth part of said lands and
tenements, and the said Eliza Destrehan is the owner in fee of one undivided fourth part of said
lands and tenements, and the said Peter Azby Nicholas Destrehan is owner in fee simple of
the remaining undivided fourth part of the same lands and tenements. And it is therefore con-
sidered by the Court that partitions be made among the parties aforesaid, according to their respective
rights as herein ascertained of the said lands and tenements in the petition, all which be in the County
of St. Louis and State of
half of the North West quarter, and the South West quarter of the North West quarter of section eight
Also section seventeeen: also the East fractional half of the North West quarter and the West fractional
half of the North East quarter of section twenty, all in Township forty four of Range four East in
the District of land subject to sale at St. Louis
and eighty three acres and ninety seven hundredths of an acre which tract of land was
acquired by said Destrehan by Patent of the United States dated the twenty ninth day of October eighteen hundred and forty four. Second. The east fractional half of the North East quart-
ter of section twenty in Township forty four of Range four East in the District of lands subject to sale at
St. Louis,
Forty four of Range four East in the District of lands subject to sale at St. Louis
containing two undered and fifteen acres and ninety hundredths of an acre acquired by said
Destrehan by patent from the United States. fourth, The North West fractional quarter(West
of Meramec River) of section twenty two in Township forty four of Range found East in the
district of lands subject to sale of St. Louis
one hundreths of an acre, acquired by said Destrehan by patent from the United States.
Ejectment.
By agreement of parties it is ordered that this cause be
at the costs of the plaintiff. Therefore it is considered that the said
defendant go hence without day and recover of the said plaintiff his costs herein expended to
be taxed and have thereof execution.
The said plaintiff, by his attorney comes and discontinues this suit
Therefore it is considered that the said defendant go hence without day
and recover of the said plaintiff his costs herein expended to be taxed and have thereof execution.
Suit for Freedom
The said plaintiff by his attorney discontinues this suit.
Therefore it is considered by the Court that the said defendant
go hence without day and recover of the said plaintiff his costs herein expended to be taxed,
and have thereof execution.
Court adjourned until
Court met pursuant to adjournment. Present as before.
Appeal from Law
This day come the parties and agree to
considered by the Court that this appeal be and the same is hereby
Upon the calling of this cause for trial, it appearing that there is
a motion for a new trial herein and the Court being fully advised
in the premises doth order that said motion be sustained x this cause is continued
Continued
Continued.
The said plaintiffs by their attorneys come and move the Court to set
aside the nonsuit and grant a new trial to them in the above
entitled cause.
Ejectment.
The said plaintiff by his attorneys comes into Court & files his declaration
in ejectment against the said defendant and thereupon the said defendant
hundred and fifty five feet three inches to an alley twenty feet; thence West along said alley one hundred
and three feet eleven inches to Fifteenth street; thence South along the East line of Fifteenth street fifty
five feet three inches; thence East fifty one feet eleven inches; thence South one hundred feet to Frank-
lin Avenue, the point of beginning _ bounded south by the lot of Lich and Franklin Avenue, East
by Lawman, North by said alley, and West by Fifteenth street. 5th. Also, one undivided eighth
part of a piece of land lying in the Southern part of the said city of the said city of St. Louis containing
thirty three arpens, more of
property claimed in the year 1825 by John Mullanphy, and on the West by lands then of
James Mackay's estate. This piece of ground was acquired by the said Joseph F. Franklin of
Charles S. Rannels. 6th Also, a lot of land containing eighteen feet front, it being so much
of Block No. 282, in said city, commencing at a point in the East line of Eleventh street,
distant Southwardly twenty five feet from the Northwest corner of said block, thence runs
southwardly with said eastern line of Eleventh street eighteen feet; thence eastwardly and
parallel with St. Charles Street one hundred and twenty six feet three inches to an alley;
thence Northwardly with said alley eighteen feet; thence Westwardly one hundred and twenty
six feet ten inches to the place of beginning. Bounded North by land of the estate of
J.B.C. Lucas, deceased, south by Charles H. Shaw's lot; east by an alley and West
by Eleventh street. 7th Also one other lot of ground, situate, lying and being in said
City of St. Louis, being lot No. eleven, in Carr's Addition to said city of St. Louis containing twenty
five feet front on Franklin Avenue, by one hundred and fifty five feet deep. Said land was sold
by said sheriff under an execution
of Joseph Fitch, plaintiff, and against Joseph F. Franklin dated the
1848
against Joseph F. Franklin and Rescom P. Perry defendants, dated the
of November 1848
Debt.
This day come the parties by their attorneys
and also a jury, to wit:- Thomas Wilson, Samuel
Jackson, E. Humphreys, A.N. Green, Hugh Miller,
R.H. Catherwood, C.S. Green, P.L. Hall, John Bruce, Archibald Henley, Isaac
B. Green, and Elisha Hall, twelve good and lawful men, who were sworn well and
truly to try the
were adjourned until
Court adjourned until
Court met pursuant to adjournment. Present as before.
Continued.
Continued.
in favor of said Plaintiff
of said agreement, it is ordered by the Court that the said discontinuance be set aside
It is further ordered that the following judgment be now entered as of
A.D. 1848
said defendant the sum of Thirty Dollars his debt together with his costs herein expended to be
taxed, and have thereof execution".
Debt.
The said plaintiff, by her attorneys, moves the court to set aside
the nonsuit herein and trant a new trial.
Debt.
This day came the parties by their attorneys as well
as the jurors aforesaid empannelled and sworn herein and
the said plaintiff thereupon fails further to prosecute his
suit against the said defendants, and voluntarily submits to a nonsuit with leave to move to set
the same aside: and thereupon the jury is discharged from the further considerations of the premises
Therefore it is considered by the Court that the said defendants go hence without day and
recover of the said plaintiff their costs herein expendend to be taxed and have thereof execution.
Debt.
Ordered by the Court that this cause be continued.
The cause coming on for trial, and the said defendant by his
attorneys comes, and the said plaintiff though demanded comes
not but makes default Therefore it is considered by the Court that the said defendant
go hence without day and recover of the said plaintiff her costs herein expended to
be taxed and have thereof execution.
Freedom
The said defendant, by his attorneys, comes and moves the Court
to
Sheriff's report of sale filed.
This day came the parties by their attorneys, and also a jury, towit:-
John Prichart, F. W. Engle, Theodore Ham, A. L. Clawson, Isaac I. Green,
James Haggarty, Joseph Heman, George McPheetus, William Hubbard, C.R. Hall, E.D. Denorest
and Wm E. Jackson, twelve good and lawful men, who were duly elected, tried and sworn
well and truly to try the
they were adjourned until tomorrow morning at 10 O'Clock.
applicant has taken the preperatory steps required by the laws of the United States concerning
the naturalization of foreigners, and he declaring here in open Court, upon oath, that he will
support the Constitution of the United States, and that he doth entirely and absolutely denounce
and abjure from all allegiance and fidelity to every foreign power, prince, state and
sovereignty whatsoever, and particularly to the Duke of Lippe Detmoth of whom he was
heretofore a subject. Therefore the said Christian Statineier is admitted a citizen of the
United States of America
And now come the parties by their attorneys and the jurors aforesaid
empannelled and sworn herein upon their oaths do say that the
said defendant is guilty in manner and form as the said plaintiff hath complained against
him, and they
Therefore it is considered by the Court that the said plaintiff recover of the said defendant the
sum of one cent her damages aforesaid
and have thereof execution
And thereupon the said defendant by his attorney moves the Court for a new trial herein
Replevin
It appearing to the Court that the sale previously made in this case
for the plaintiff to give security for the costs has not be coupled
with, it is therefore ordered that the suit be
of the value of the property replevied nor what damages the defendant has sustained by
the detention of the same, it is therefore ordered
of the property and the damages sustained by the defendant at the next term
Debt.
The plaintiff by her attorneys moves the Court to set aside
the nonsuit and grant a new trial
Debt.
The plaintiff by her attorneys moves the Court to set
aside the order of continuance made at this term in this cause.
Cont
Continued.
Continued
Ordered that this cause be continued
at defendants costs.
Continued
Continued
Emancipation
This day came William Farmer and Elijah Farmer, two credible
being examined upon oath proved the execution of a deed of emancipation by
James Braly under his hand and seal attested by four
aged about forty two years, and her son Nelson of black or copper color aged about ten years.
containing twenty feet front by eighty feet deep and bound West by Second street (formerly Church
street,) North by property reported to belong to the heirs of John Lux, but formerly of Christian Smith
East and South by property formerly of David Freeman (but now on the East by an alley and
South by property reported to belong to the heirs of Titus Hale Said property was sold by said
Conway under and by virtue of an execution
Henry Maxwell and against Peter Macniff dated the
Ejectment
This day comes the said plaintiff by his attorney and
been joined thereupon come a jury to wit: Samuel Loury, Ingham
Wood, James H. Atkins, David Loyd, William Syphant, David Sheppard, David Sayers, William
Kelly, William King, Joseph Koenig, A.D. Stewart and Curtis Coolidge, twelve good and law-
ful men who being duly elected tried and sworng well and truly to try the
their oath do say that the said defendant is guilty of unlawfully withholding from the plain-
tiff the premises in the declaration described in manner and form as the said plaintiff hath
complained against him, and they
at Two Hundred Dollars, and they do further
at Two Dollars and Fifty cents. Therefore it is considered by the Court that the said plain-
tiff do recover from the said defendant the
Northwest quarter of Block No. forty three on said plat, bounded by Second street on the
West by a
number forty three on the South and by the Northeast quarter of said block on the East con-
taining 137 feet 10¾ inches front on said second street by 160 feet 5 inches in depth from West
to East and having a breadth on the East from North to South of 144 feet 10½ inches be
the same admeasurement more or
recover of the said defendant Two Hundred Dollars his damages aforesaid, and Two Dollars and
Fifty cents the monthly value of the premises aforesaid, until
said plaintiff and have thereof execution as well as of the costs of this suit.
Ordered that this cause be continued.
This cause coming on for trial the said defendant by his attorney comes
and the said plaintiff though demanded comes not but makes default.
Therefore it is considered by the Court that the said defendant go hence without day and
recover of the said plaintiff her costs herein expended to be taxed and have thereof execution.
Covenant.
The said defendant by his attorney moves the Court to arrest
the judgment on the verdict rendered in this cause.
This day come the parties by their attorneys, and the jurors aforesaid
empannelled and sworn herein upon their oath do find for the
plaintiff and
Seventy five Dollars. Therefore it is considered by the Court that the said plaintiff recover of the said
defendants the sum of Three Hundred and Seventy Five Dollars his damages aforesaid together
with his costs herein expended and have thereof execution.
On motion of defendants this cause is continued at their costs as on
affidavit for the absence of Robert W. Ayres.
Suit for freedom.
Continued.
This day comes the defendant by her attorney, and this cause
on for trial: the plaintiff though demanded, comes not - but makes default.
Therefore it is considered that the said defendant go hence without day andrecover of the said
plaintiff her costs herein expended to be taxed and have thereof execution.
The defendants by their attorneys file their affidavits for a continuance.
on consideration whereof it is ordered by the Court that this cause
be continued at defendants costs.
Repleum.
This day comes the said plaintiff by his attorney and says he will
not further prosecute his suit against the said defendant.
The said defendant by his attorney files his affidavit, and prays and appeal
to the Supreme Court which is granted him. Thereupon the said Neal
Walker as principal and Frederick Overman and Charles S. Raunell as sureties severally acknowledge
themselves indebted to said John S. Newhouse in the sum of One Hundred Dollars upon this condition
if the said appellant shall prosecute the appeal now taken with due diligence to a decision in the Supreme
Court, and if the judgment appealed from is affirmed or the appeal
damages and costs have been recovered against him by the judgment of the Circuit Court, together
with the interest that shall grow due thereon, and that he will also pay the costs and damages
that may be adjudged against him in the Supreme Court upon his appeal; then his obligation
Debt.
This day comes the plaintiff by his attorney and suggests to the Court the
death of the said defendant since the commencement of this suit and this
cause continued.
Continued.
Covenant.
It being proved to the Court that the defendants counsel are sick,
it is ordered that this cause be continued at defendants' costs
Continued.
Case.
This day come the parties by their attorneys, and the jurors aforesaid empannelled
and sworn herein, upon their oath aforesaid, do say that the said defendant
is guilty in manner and form as the said plaintiff hath complained against him, and they
damages of the said plaintiff by reason of the premises to One Thousand Two Hundred and Sixty Three
Dollars and Sixty cents. Therefore it is considered by the Court that the said plaintiff recover of the said
defendant the sum of One Thousand Two Hundred and Sixty Three Dollars and Sixty cents his dam-
ages aforesaid
The said defendant by his attorneys moves the Court to arrest the judgment in this cause, and the
said defendant, by his attorneys, further moves the Court to set aside the verdict and judgment in this
Cause and grant a new trial.
By consent of parties herein the motion in arrest of judgment and to set aside verdict and judgment
are continued to the next term, and leave is given the defendant to file, if he choose, a bill of exceptions in
vacation or wait till next term; and the execution of the foregoing judgment is stayed until the next
term of the Court.
Garnishment on attachment. No 142 Nov. T. 1848.
Answer of garnishee filed by consent.
In partition
This day comes Cornelius Carman guardian ad litem of Frances Mary Carman and
Augustus Mary Carman minors and parties in this petition, and enters into a bond with Thomas Carman
and John Carman as sureties in the sum of Two Hundred Dollars, conditioned for the faithful discharge
of the trust committed to the said Cornelius Carman as said guardian: which bond is approved by the Court and filed with the papers in this cause.
Affidavit of D.H. Bishop late deupty sheriff filed.
On the hearing of the application in the above entitled cause, it appearing
to the Court that said Pierre is of unsound mind, that he is now detained in
jail from the inability of the proper person officer to hire him out as by law directed and that
his further detention in prison will increase and aggravate his malady, it is ordered and directed
by the Court, the County Court of this County consenting thereto, that said Pierre be placed by the
sheriff at the County Farm of St. Louis County.
Case
The said plaintiffs move the Court to refuse to consider or sign the bill of
exceptions tendered by the defendants in this cause; on consideration whereof
the Court doth overrule said motion and the said plaintiffs file their bill of exceptions thereto
marked No. 1.
Case
Bill of exceptions (No. 2) filed.
It is ordered by the Court, that whenever in any suit pending in this Court in which a party plain-
tiff is liable to pay costs, any officer of this Court interested in the costs of such suit, shall make and
file his affidavit, to the effect that he has good reason to believe and does believe that
party plaintiff be required by rule to give security for costs, there will be probable danger that such
costs will be lost to the officers entitled to the same such affidavit shall be prima facie evidence
upon which
The defendants by their attorney came and crave oyer of the writing obligatory
upon which this suit is brought.
Plea filed.
Plea filed.
Plea filed.
Awarded affidavit for attachment filed.
The said defendant by his attorney moves the Court to quash the writ of Scire
facias in this cause.
Plea filed
Plea filed
Plea filed
Plea filed
Julius Daniels, one of the said defendants, by his attorneys moves the Court to quash
the unit of Scire facias
Julius Daniels, one of the said defendants, by his attorneys moves the Court to
quash the unit of Scire facias
Affidavit of endorsement filed.
Plea filed
Plea filed.
Plea filed
Plea filed.
Plea filed.
Plea filed.
property was likely to perish and depreciate in nature before the probable termination of this suit; and applied to the court for are order for the sale of said property_
On consideration whereof the court doth order that said applicaton be overruled.
Continued by consent of parties
Continued
Assumpsit
On motion of plaintiffs' attorneys it is ordered that said defendants be notified
that an actio of assumpsit for the sum of five hundred dollars for works and la
bor done for the defendants by the plaintiffs money lent and advanced by the plain
tiffs to the defendants, for goods wants and merchandize sold by plaintiffs to defendants, money had and received by defendants for the plaintiffs and money
due from defendants to plaintiffs on an account stated, has been commenced against items, that their property has been attached, and that unless they be and
appear at the next term of this court to be begun and held at the city of StLouis on the third monday of November next, and on or before the third day there-
of. if the term shall so long continue, and if it shall not so long continue, there before the end of the term, judgement will be rendered against him
and their property sold to satisfy the same.
Partition
The petitioners file their petition for partition and submit all and singualr the prem
ises together with their proofs of tittle to the court, and the court being fully advised in the
premises doth ascertain and declare the respective nights title and interests of the said
petitioners to be as follows: that Patrick Walsh is entitled to the two equal third parts of the following lot of ground described in said petition
or parcel of ground lying and being in the town of Carondelet in the county of StLouis, known and designated on the plate of survey of said town, as the south
east and south west quarters of lot or block number eighty six containing one hundred and fifty feet front on third and fourth streets by three hundred feet in
depth and bounded as following
Hyacinth Pigeon; and that Mary Frances Walsh and Margaret Julia Walsh are each entitled to the one equal sixth part of said lot. It is therefore con
sidered and adjudged that partition and division of the above described ot or parcel of ground be make among the petitions aforesaid according to their
respective rights and interests as ascertained and determined as aforesaid by the court
It is further ordered that Nickad Conrad, Joseph Shoulby and Joseph Courtois respectable free holders residents of the county of StLouis, be
awd they are hereby appointed commissioners to make the partition so as aforesaid adjudged_
Injunction
This day comes said plaintiff by attorney and files his petition on cnsideration whereof it is orderred that, on the
plaintiff's giving bond conditioned according to law in the sum of one hundred dollars with Dennis Mc-
Grah surety, said James H. Reid be enjoined from enforcing a Judgement rendered in his favaor against said
Patrick Ryan for the sumof thirty dollars and costs by Peter W. Johnstone Justice of the Peace on the 14th day of
September AD. 1848, either by the execution issued on said judgement from the Clerking office of this court and now in the hands of the Sheriff of St Louis county or
by any other execution, and that said L.S. Labeaume Sheriff of St Louis county be enjoined from selling the property levied upon by him by virtue of said exe-
cution, or any other property by virtue thereof.
Assumpsit
This day come the plaintiffs by their attorneys and withdraw the common courts of their declaration, thereupon
from an inspection of the instrument of uniting on which this suit is brought the court doth fired that the plain
-tiffs have sustained damages by reason of the premises to the sum of three hundred and sixty nine dollars and
three hundred and sixty nine dollars and sixty eight cents his damages aforesaid and also his cos by them in this behalf expended and have
thereof execution_
Trespass
On motion of plaintiff by his attorney It is ordered that this suit be dismissed at his costs and that execu
-tion issue therefor.
Emancipation
In open court comes Frederich Jenhms, who is personally known to the Judge of this court, and acknowl
-edges the executors of a deed of emancipation to Milley a femaile slave for life aged abut thirty six years.
On a hearing of the motion of defendent to dismiss this suit it is considered that the said motion be and
the same is hereby overruled_ Defendant files his bill of exeptions.
Defendants by attorney withdraw their exceptions to depositions herein filed.
On a hearing of the motions of defendants It is ordered that a writ of Procendends issue to
Justice Colvin commanding him to proceed to issue execution on the judgement by him
herein rendered
In appearing to the court that the following proceedings had in this excuse on the fourth
day of October instant were by mistake omitted to be entered of that day, it is ordered that the same
be now entered as of that day in the words and figures following trial.
"
Injunction"
This cause cam in to be heard on the notion of the defendant to dissolve"
the injuction herein On consideration whereof it is ordered that he in"
production herein before granted be and the same is hereby dissolved_"
On a hearing of the demurrers of the plaintiffs to the pleas separate pleas of the said MOBleuis
and wife, and of the said Clemens and wife. It is considered that said pleas are not suf
ficient in bar; thereupon on motions of said M OBleuis and wife and Clemens and
wife, leave is given them to file pleas herein on or before the first day of the next term of the court
On a hearing of the demurrers of the plaintiffs to the pleas separate pleas of the said MOBleuis and
wife, and of the said Clemens and wife. It is considered that said pleas are not sufficient in law,
thereupon on motions of said M OBleuis and wife and Clemens and wife, leave is given them to file pleas
herein on or before the first day of the next term of the court
Continued
Continued
Continued
Continued
Continued
Continued
Continued
Continued
Continued
Continued
Continued
Continued
Continued
Continued
Continued
Continued
Continued
Continued
Continued
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Continued
Continued
Continued
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Continued
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Continued
Continued
The court appoints William J. Mullin and Thomas Sleum appraisers of the property and effects assigned
Court adjourned until Monday morning next at ten O'clock
Defendant files his answer herein
Answer filed
On motion of defendatns attorney the time for answering bill of discovery is extended until the first day of the
next term, and cause continued.
Dower
This day come the parties by their attorneys and neithe party requiring a jury, submit this cause to the court
upon the
the plaintiff is not entitled to dower in said premises in manner and form as in her petition alleged
It is therefore considered that the defendat go hence without day and recover of the plaintiff his costs in this behalf and have thereof execution
Martin Wibel a native of Baden who applies to e a citizen of the United States comes and proves to the satisfactionof the court
that he has resided inthe United States for at least five years and in the State of
plication, during which time he has conducted himself as a man of good moral character, attached to the principles of the Constitution of the
United States and well disposed to the good order and
has taken the preparations, steps required by the laws of the United States, concerning the naturalization of foreigners and he declaring here in
open court, upon oath, that he will support the constitution of the United States and that he doth entirely and absolutely renounce and abjure
forever all allegiance and fidelity to every foreign power, prince, state and sovreignty whatsoever, and particularly to the Grand Duke
of Baden of whom he was heretofore a subject, therefore the said Martin Wibel is admitted a citizen of the United States of America.
Jacob Knacht a native of Bavaria who applies to be a citizen of the United States, comes and proves to the satisfaction of the
court that he has resided in teh United States for at
application, durinig which time he has conducted himself as a man of good moral character, attached to the principles of the constitution of the United
States and well disposed to the good order and
atory steps required by the bans of the United States concerning the naturalization of foreigners and he declaring here in open court upon oath
that he will support the constitution of the United States, and that he doeth entirely and absolutly renounce and abjure forever all allegiance and
fidelity to every foreign power, prince, state and soverignty whatsoever and particularly to the Kint of Bavaria of whom he was heretofore a sub
ject, therefore the said Jacob Knacht is admitted a citizen of the United States of America
This day come the parties by their attorneys and come also a jury towit: Eli Foster, Thomas
Rutherford, Joseph Collier, Andrew H. Wing, John J. Farris, Martin Wash, Frederich A. Wise,
-red dollars his damages aforesaid and also his costs in this behalf and have thereof execution_ It is further considered that the plaintiff recover of the defendant Thomas
J. Hunter the said sum of four hundred dollars his damages aforesaid and also his costs in this behalf and have thereof execution against the property of the said defendant
Hunter attached in this cause.
Court adjourned until tomorrow morning at ten O'clock
Court met pursuant to adjournment. Present as before
The said plaintif having filed to file allegations and interrogatories against said garnishee
It is on motion of said garnishee, considered that he be hence discharged and recover of the
plaintiff his costs in this behalf and have thereof execution_
Plaintiff having failed to file allegations and interrogatories against said garnishee_ It is on motion
of said garnishee, considered that he be hence discharged and recover of said plaintiff his costs in
this behalf and have thereof execution_
Demurrer filed
Demurrer filed
Demurrer filed
On motion of Plaintiffs attorney it is ordered that an alias writ of summons
fendant John O'Fallon_
It appearing that the plaintiff has become a person of unsound mind, it is ordered that this
cause stand continued
By consent of parties this cause is continued at plaintiff's costs
This day comes the plaintiffs by attorney and the defendant though demanded comes not
but makes default nor has he plead to said writ, thereupon, on motion of plaintiffs, it is ordered that
an
Plaintiff files an amended petition herein
Defendant by attorney moves the court for a continuance of this cause, and plaintiff files his motion that this cause
be brought to trial and the affidavit of B.A. Hill in support thereof On consideration whereof it is ordered that this
cause stand continued at the defendant's costs as on affidavit for the absence of material
By consent of parties this cause is continued
Albert Todd by attorney for plaintiff suggests the death of the defendant Isaac Van Horten_
Thereupon come the parties by their attorneys and comes also as Jury to wit; E.P. King, C. Vosburg, F. Diming, C.E. Soring, C.D. Demarest, R.F. Degge, C. Bobb, J.A. Reed, S. Donoke, F. Khrone, S. Chadbourne and L.G. Conklin twelve good and lawful men who being duly elected tried and
sworn the truth to speak upon the
fendants go hence without day and recover of the plaintiffs their costs in this behalf and have thereof execution_ It is further ordered that plaintiffs have leave
to move set aside the nonsuit herein_
Plaintiffs file their motion to set aside the nonsuit and grant a new trial herein, on consideration whereof the said motion is by the court over-
ruled
This day come the parties by their attorneys and comes also a jury to wit; E.P. King, C. Varburg, F. De-
-nning, F. Caldwell, C.D. Demarest, C. Bobb, J.A. Reed, S. Donoke, C Khrone, S. Chadbourne, R.F. Degge, and L.G. Conklin twelve good and lawful men who being duly elected tried and sworn the truth
to speak upon the
said declaration has the her freedom against said defendant and all
persons claiming under him by title derived since the commencement of this suit_ It is further considered that the plaintiff recover of the defend-
-ant her costs in this behalf and have thereof execution _
On reading the petition of the plaintiff It is ordered, by consent of parties, that the plaintiff
pay into court the amount of the two
Court adjourned until tomorrow morning at ten O'clock
A. Hamilton.
Court met pursuant to adjournment_ Present as before
By consent of parties this cause is continued
This day come again the parties and also the jury herein empannelled, and the testimony being closed
the said jurors retire to consult upon a verdict
Answer filed
Answer filed
On Plaintiff files his motion to require the defendant appellant to file a new recognizance herein
This day come the plaintiffs by attorney and discontinue this suit It is therefore considered that
the said defendant go hence without day and recover of the plaintiffs his costs in this behalf
and have thereof execution.
Louis T. Labeaume in open court acknowledges the execution of a deed by him as Sheriff of the county of St Louis to
James S. Dougherty of all the right of William Carr Lane to the following described real estate, sold by virtue of an
execution
Lots number 21 and 22 in block number 8 in that part of the city of St Louis called suburb St George or Lane's addition to said city, also lot number 20 in block
number one in said addition_ Also a lot of land lying between said addition called suburb St George and the
by an eastern continuation of the north line of Victor Street, west by First street, south by an eastern continuation of the south line of Ann street_ all of said
lots being in the city and county of St Louis State of
On motion of plaintiff it is ordered that the defendant be notified of the commencement of this suit by due publica-
-tion of the following notice in the
To Harriet Farmer You are hereby notified that Henry Farmer has commenced suit against you by petition in the Cir-
-cuit Court within and for the county of St Louis and State of
-ny by him contracted with you, on the ground of adultery on your part; and you are required to appear in said court on the first day of the next
term thereof to be begun and held in the city of St Louis on the third Monday of April next and within the first six days of said term answer or
demur to said petition or the same will be taken as confessed.
The notice to creditors herein before ordered not having been given It is again ordered that notice be given by due
publication to all creditors having a lien upon said boat under the act entitely "An act concerning boats and
vessels" approved
fourth day of February next
The notice to creditors herein before ordered not having been given It is again ordered that notice be given by due
publication to all creditors having a lien upon said boat under the act entitled "an act concerning boats and vessels"
approved fourth
day of February next
On the reading and filing the petition and affidavit of David McToy claiming to be a poor person of color and on
due consideration thereof, Ordered that the said David McToy be admitted to commence and prosecute the action
mentioned in said petition as a poor person, Ordered also that the said David McToy have reasonable liberty to
This day come again the parties and also the jury aforesaid and after the hearing of testimony the further trial of the
cause is adjourned until tomorrow
Court adjourned until tomorrow morning at ten O'clock
Court met pursuant to adjournment. Present as before
This day come again the parties and also the jury herein empanneled, and the testimony being closed the
jurors retire to consider of their verdict.
Defendant files a motion to
Defendants file their answer to plaintiffs Petition
Defendant files his motion to
On consideration of the petition of the plaintiff, and he having given bond as required by law to the satis-
faction of the court, It is ordered that the defendants be, and they are hereby enjoined from selling a tract of
land containing eighteen or twenty acres in the City of St Louis, bounded north by Hickory street, east by
Rutgers street, south by Park avenue, and west by Stodard avenue, the property of said plaintiff, on account of the
taxes
any time to raise said taxes, until the further order of this court.
Murdoch & Dickson
as
dred dollars, which bond and security is approved by the court_
On consideration of the petition of the plaintiffs and they having given bond as required
by law to the satisfaction of the court, It is ordered that the defendant be and they are
hereby enjoined from selling a tract of land belonging to said plaintiff within the city of
St Louis containing about twenty one acres being part of United States survey number twelve hund
-red and ninety one, on account of the taxes
execution L on
the plat of the town of Carondelet_ Second; block number twenty seven in the plat of said Town; also, lots number sixteen, seventeen, eighteen, twenty three, twenty four,
twenty five, twenty six, twenty seven and twenty eight in block number eight in suburb St George an addition to the city of St Louis, and also lot number nineteen in block
four in said suburb St George_
On motion it is ordered that a
part of the plaintiff.
This day come again the parties by their attorneys and also the jury herein empannelled, and after the hearing of
testimony the trial of this cause is adjourned until tomorrow
Court adjourned until tomorrow morning at ten O'clock
Court met pursuant to adjournment. Present as before
It appearing to the satisfaction of the court that Richard F. Morrison has been regularly licensed to practice law in the several courts
of this state, it is on motion of Jos. B. Crockett Esq. ordered that he be admitted to and enrolled as member of this bar_
This day come again the parties and the jurors aforesaid upon their oaths aforesaid to say
that they the defendants find the defendants guilty in manner and form as the plaintiffs have
in their declaration alledged against them and
sand four hundred and eighty dollars. It is therefore considered that the plaintiffs recover of the
said William Milburn, Henry Chouteau, Neré Vallé, and James E. Yeatsman the said sum of two thousand four hundred and eighty dollars and
their damages aforesaid and also their costs in this behalf and have thereof execution_
Defendants file their motion for a new trial herein.
On a hearing of the motion of defendant to
ed that on
of the defendant.
This day comes the plaintiff and
-fendant Isaac T. Greene though demanded fails to appear hath nor hath he
default, wherefore on motion of said plaintiff, and it appearing that there is due to him from the said Isaac
T. Greene on the bill of exchange on which this suit is brought the sum of two hundred and ten dollars and
sixty cents It is considered that the plaintiff recover of the said Isaac T. Greene the sum of two hundred and ten dollars and sixty cents and
On a hearing of the motion of the defendant for a new trial, the same is by the court sustained, and it is ordered
that the verdict and judgment be set aside and a new trial had of this cause_
On a hearing of the exceptions of the defendants to the depositions of Henry S. Moult and of William Moult Jr.
the said exceptions are by the court sustained and it is ordered that said depositions be suppressed
Plaintiff by his attorney files his motion for a new trial herein, on consideration whereof the said motion is by
the court overruled.
No 122 April S. 1843.
Plaintiffs by attorney file their motion to amend the execution
On motion of plaintiff's attorney it is ordered that a
take the depositions of
This day come again the parties by their attorneys and also the jury herein before empanneled
and the jurors aforesaid upon their oaths aforesaid do find and say that the defendant is
guilty of unlawfully withholding the premises in said declaration set forth from the said plain-
tiff in manner and form as in said declaration is alleged, and
fifteen dollars and the monthly value of said premises at five dollars_ It is therefore considered that the plaintiff recover of the defendant the said
premises in the declaration described, together with the sum of fifteen dollars the damages aforesaid and the monthly rents and profits at the rate of five dol-
-lars per month until
Defendant files a motion for a new trial
On a hearing of the motion of the defendant for a new trial herein the said motion is by the court
overruled.
Court adjourned until Monday morning next at ten O'clock
Court met pursuant to adjournment. Present as before
On motion of plaintiff's attorney it is ordered that an alias writ
Sci fa on him
This day come the parties by their attorneys and a jury also come towit: William Glanvill, C. F. Stweart, Samuel Davis,
William Daniels, Edward Dobyns, William Cole, A.L. Clawson, P.N. Ellsworth, John Foley, Thomas Williams,
Hamilton Bell and S. C. Richards twelve good and lawful men who being duly
to speak upon the
to sixty six dollars. It is therefore considered that the plaintiff recover of the defendant the said sum of sixty six dollars his damages aforesaid and also his costs,
in this behalf; and it appearing to the court that no other a said demand is a lien upon the following property towit: a two story brick house containing four rooms
and a porch situated on a lot in block No. fifty two in teh city of St Louis which lot is bounded east by second street, south by lot leased to Matthias Bumette, north
by lands of D.D. Page and west by an alley on which alley the above house stands_ and it further appearing that no other demands have been filed as liens upon
said property, It is onmotion of plaintiff ordered that said plaintiff have exertionof his said judgement against the said property
Defendant files his motion for a new trial herein.
Gart on &
This day come the parties by their attorneys and submit this cause to the court upon the answer of
said garnishee which teh plaintiff admits to be true, and it appearing from said answer that the
said Josephus Hewett garnishee has in his hands the sum of fifty four dollars and eighty on cents
belonging to the said John W. Yeldell and Frederick C. Smith the defendants in execution which
is subject to this garnishment. It is considered that said plaintiff recover of said garnishee the sum of forty nine dollars and eighty on cents of
the amount so in his hands and have thereof execution. It is further considered that the said garnishee be allowed to retain of said amount so in his
hands the sum of five dollars for his time and trouble in answering herein, and that the plaintiff out of the amount so as above recovered pay the
costs of this proceeding_
Eject.
This day com teh parties by their attorneys and a jury also come towit: William Clamville, C. F. Stewart,
Samuel Davis, Willam Daniels, Edward Dobyns, William Cole, A.S. Clawson, P.N. Ellsworth, John Foley,
Thomas Williams, Hamilton Bell and S.C. Richards twelve good and lawful men who were duly
and sworn the truth to speak upon the
On motion of plaintiff's attorney this cause is continued as on affidavit at the costs of said plaintiff and
it is ordered that execution
The account of
allowed and ordered to be taxed as part of the costs
Continued by consent
Continued
Asst.
This day come again the parties and also the jury herein impanneled and the jurors aforesaid upon their oaths aforesaid do
say that they find for the plaintiff and
plaintiff recover of the defendant the sum of one hundred d and eight dollars his damages aforesaid and also his costs in this be-
-half and have thereof execution. Defendant files a motion for new trial
Asst.
This day comes the plaintiff by attorney and a jury also comes to wit: Henry Overstotz, George F. Gleason,
J.L. Page, Joseph Samett, George F. Little, S.R. Fairchild, William O. Shands, P. Bartlett, John
H. Baldwin, Stafford McGee, J. Taylor and A.P. Seymour twelve good and lawful men who being duly
impanneled and sworn well and truly to enquire into and
ages by reason of the premises at nine hundred and forty dollars and ninety four cents It is therefore considered that the plaintiffs recover of the defendants
the sum of nine hundred and forty dollars and ninety four cents his damages aforesaid and also his costs in this behalf and have thereof execution a-
gainst the property of said defendants attached in this cause_
This day come the parties by their attorneys and a jury also come to wit: James P. Walters, George F.
Gleason, Jeremiah Taylor, S.V. Williams, Joseph Samett, George F. Little, S.R. Fairchild, William
O. Shands, Theodore Laville, A.P. Seymour, David Sayers and Samuel Disney, twelve good and law-
ful men who were duly empanneled and sworng the truth to speak upon the
adjourned until tomorrow
Deed
Louis L. Labeaume in open court acknowledges the execution of a deed by him as Sheriff of the county of St Louis to George
Geisel of all the right of Joseph A. Eppstein and Therese his wife and others to the following real estate, sold by virtue of
an order of sale made by this court on the ceta vertain proceeding for partition in which Joseph A.
Eppstein & wife & John G Priest were petitioners and William Stuart & wife & others defendants to wit; a lot of thirty four feet three and a half inches front on third street
in block no 88 in the City of St Louis, being the northern portion of the lot of land ordered to be sold by said order of sale.
On reading the petition of the plaintiff in this case it is ordered by the court that said Alfred Turner be
restrained from collecting the rents and profits of the trust property mentioned in said petition, or from prose-
-cuting any proceedings against said tenants or any of them for the non payment of rent, or otherwise disturb-
-ing the
two lots number two and thirteen in block number two adjoining William Christy's addition lying between Morgan and Gay streets.
On motion of plaintiff's attorney it is ordered that a
depositions of
Court adjourned until tomorrow morning at ten O'clock